DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Electra Lift Company Pty Ltd T/A Electra Lift Company
(AG2020/1436)

ELECTRA LIFT COMPANY PTY. LTD. ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JUNE 2020

Application for variation of the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Electra Lift Company Pty. Ltd. Enterprise Agreement 2016 (the Agreement). The application was made by Electra Lift Company Pty Ltd T/A Electra Lift Company pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 September 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electra Lift Company Pty Ltd T/A Electra Lift Company sought to vary the terms of the Enterprise Agreement 2016. The applicant argued that the existing agreement was no longer suitable due to changes in the industry, including technological advancements and shifts in the workforce. The Fair Work Commission (FWC) was asked to determine whether the proposed variations were appropriate and whether they adhered to the principles of good faith bargaining and the Fair Work Act 2009.

The central legal issues before the FWC were whether the proposed variations were necessary and appropriate given the changes in the industry and the working environment. The applicant needed to demonstrate that the changes were in line with the principles of good faith bargaining and did not adversely affect the employees' conditions. The FWC also considered whether the variations were in the best interest of the employees and whether they provided a fair and reasonable outcome for all parties involved.

After considering the evidence and submissions from both parties, the FWC concluded that the proposed variations were necessary and appropriate. The Commission found that the changes reflected the current industry standards and the evolving nature of the workforce. The FWC determined that the applicant had acted in good faith and that the proposed variations were in the best interest of the employees. Consequently, the FWC approved the variations to the Enterprise Agreement 2016, effective from the date of the decision.

The FWC made an order approving the variations to the Enterprise Agreement 2016, allowing the applicant to implement the changes. The new terms came into effect on the date of the decision, providing a more suitable framework for both the employer and employees in light of the changing industry landscape.

Electra Lift Company Pty Ltd T/A Electra Lift Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established